...If I were not so intrigued, I would have disappeared a few posts ago, but old folks like me don't always learn and I think you are having some fun with me.
I have some homework to do, but though I think I understand the political angle to a certain degree, I see the whole thing much simpler and less sophisticated. As I said before, going over so much of the Hearing testimonies, I am appalled at the neglect and poor performance of the Prosecution lawyers who appear to be ill equipped to deal with the obvious lack of support from Spicer and the theatrics of the Defense Counsel, who may have intimidated them with his inflated reputation from faraway places.
I don't see Ike as anything other than what you describe; angry and grieving, and I think he was unaware that the lawyers he was familiar with were not up to the task. Unless there are questions or actual statements lost to time, the Prosecution seemed to never have done any kind of footwork or investigations. I see them as trying to fly by the seat of their pants. This might also have been due to the limited time span as the whole thing landed in their laps overnight, so to speak.
I am also very suspicious of Williams, who landed right in Virgil's lap while he was still being cared for after the wounds. How did he get there so fast; who was he in relation to Virgil, a friend or a lawyer who was there to advise when there was no indication of a case yet? And did he not end up in a position of influence later where the Grand Jury was concerned?
I know I sound a little disconnected but I think you know where I am going.
The statute's wording requiring action under certain circumstances was intended to prevent the Coroner from using discretion to NOT hold an inquest, a check against showing favoritism by letting some slide... more
I do have to go along with you on your opinion of the prosecutors- For seemingly smart guys, they were imbeciles. They trotted out their whole case, witness testimony, strategy and everything at a Preliminary... more
...Wayne, I think our discussion has been really worthwhile from my side and I've learned some stuff I had considered but from a slightly different angle. I am not a historian; I tend to examine things... more
Don't forget how the McLaury brother with the law degree showed up and insinuated himself into the ongoing hearing on the prosecution side and damn near hijacked the whole side's case. What I said about... more
...in this situation. Obviously he did not understand what the procedure entailed, he was deeply emotionally involved, time was the enemy as well...and his ignorance of all of this caused him to repeat... more
As I said before, this was a badly mishandled preliminary hearing on the government's part. They showed their entire hand and allowed things to be examined and refuted that should have never been heard... more
...My impression is that the Prosecutors were in over their heads (as I often am ) and did not really know how to conduct criminal cases as they mostly dealt with business interests, mining, ect. ... more
My impression of the post-street fight charges were that at one level- Behan and the county Democratic Party- The charges were a political opportunity to hammer two of the strongest Republican contenders... more
To follow up: Arizona Territory in 1881 was an interesting place, criminal law-wise. One interesting feature is that even a private citizen could bring a criminal charge as a presentment to the court and... more